Agenda of Council Meeting - Monday, 21 November 2022

Agenda (Open Portion)

Council Meeting

Page 7

21/11/2022

A meeting of the Open Portion of the Council will be held in the Council Chamber, Town Hall on Monday, 21 November 2022 at 5.00pm.

Kelly Grigsby

Chief Executive Officer

The title Chief Executive Officer is a term of reference for the General Manager as appointed by Council pursuant s.61 of the Local Government Act 1993 (Tas).

This meeting of the Council is held in accordance with a Notice issued by the Premier

on 31 March 2022 under section 18 of the COVID-19 Disease Emergency

(Miscellaneous Provisions) Act 2020.

ELECTED MEMBERS:

Lord Mayor A M Reynolds

Deputy Lord Mayor H Burnet

Alderman M Zucco

Councillor W F Harvey

Alderman S Behrakis

Councillor M S C Dutta

Councillor Dr Z E Sherlock

Councillor J L Kelly

Councillor L M Elliot

Alderman L A Bloomfield

Councillor R J Posselt

Councillor B Lohberger

APOLOGIES:

LEAVE OF ABSENCE: Nil.

1. Acknowledgement of Country

2. 2022 Election - Motion Acknowledging the Receipt of All Declarations of Office Made

That the Council formally acknowledge the making of Declarations of Office by all Elected Members on Monday, 7 November 2022.

3. Confirmation of Minutes

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Tuesday, 25 October 2022, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

4. Transfer of Agenda Items

Are there any items, which the meeting believes, should be transferred from this agenda to the closed agenda or from the closed agenda to the open agenda, in accordance with the procedures allowed under Section 15 of the Local Government (Meeting Procedures) Regulations 2015?

5. Communication from the Chairman

6. Notification of Council WorKshops

In accordance with the requirements of the Local Government (Meeting Procedures) Regulations 2015, the Chief Executive Officer reports that no Council workshops have been conducted since the last ordinary meeting of the Council.

7. Public Question Time

Regulation 31 Local Government (Meeting Procedures) Regulations 2015.
File Ref: 16/119-001

7.1 Public Questions

7.2 Responses to Public Questions Taken On Notice

“In accordance with the procedures approved in respect to Public Questions Time, the following responses to questions taken on notice are provided to the Council for information.

The Council is reminded that in accordance with Regulation 31(4) of the Local Government (Meeting Procedures) Regulations 2015, the Chairperson is not to allow discussion or debate on either the question or the response.”

7.2.1 Sporting Facilities on the Ham Common Site

File Ref: F22/106753

RECOMMENDATION

That the following responses to public questions taken on notice, be received and noted.

Agenda (Open Portion)

Council Meeting

Page 9

21/11/2022

Meeting date: 12 September 2022
Raised by: Mr Ryan Posselt
Response Author: Ms Kelly Grigsby (CEO)
Topic: Sporting Facilities on the Ham Common Site

Question:

Can council supply a map outlining the area known as ham common and any surrounding land owned by council and its approximate size?

Response

The attached plans shows Ham Common (red circle) – the surrounding area green area is Ridgeway Park that is also owned by Council.

The second plan shows the current leased area (white boundary).

The Ham Common Lease is approximately 9.6 hectares.

Question 2

When collegiate’s lease was renewed in 2016, what was the process? Was it an option dating back to the original lease from the 80s or was it a new lease? Was any rigour applied to the decision or was it simply waived through?

Response

St Michaels Collegiate wrote to the Council in 2016 requesting a lease extension over the site for a number of reasons including:

- The proposal to expend significant capital on the site on improvements to the playing surface and other assets.

- Long term assurance in partnering third parties for use of the facilities

In considering the request, the significant investment into the site from Collegiate in the past that included investment into the playing surface, numerous buildings, tennis courts and other assets, was noted.

Collegiate were also a proven tenant who manage the facility to a high standard.

Question 3

Has council been involved in any assessment of the site since it was handed over to collegiate in the 1980s? Have there been geological surveys, soil testing or any work undertaken to identify opportunities for development that would better utilise this large site and to serve all of the community?

Response

The City has not been involved in any such testing. Collegiate have been working with Van Diemen Archers and have approval from Council to negotiate a sub-lease with this Club who are developing plans to develop a large portion of the unused land within the lease boundary into an archery club.

To progress any development application for the site an environmental site assessment will be required as it is a potentially contaminated site.

Question 4

At any stage, on any council records, has this site been identified as a strategic asset as a large patch of under-utilised, cleared urban land and opportunities proposed or explored for development of the site to better serve the community of Hobart?

Response

As noted, Collegiate have been in negotiations for a number of years for better utilisation of the site which has had long term interest from the Van Diemen Archers, archery club. The school is also about to progress the installation of a synthetic cricket pitch at the ground and have been working on a partnership with South Hobart Sandy Bay Cricket Club for summer tenancy over the facility. The cricket pitch will allow community cricket matches to be played at the venue during evenings over summer when it is not required for school usage.

Question 5

Has council, its Elected Members or representatives met with Ice Sports Tasmania, or the State government to identify potential sites for a future Hobart Ice Rink?

Response

Whilst it is difficult to speak for Elected Members, there have been no discussions between Ice Sports Tasmania and the City’s Sport and Recreation Unit to look at any potential sites for a future Hobart ice rink.

While the Ham Common site does offer some opportunity for further recreational pursuits, it does have its limitations, including its former use as a landfill site, which will mean future development is likely to be expensive, its location isn’t central to many in Hobart and the access to the site isn’t ideal.

It is considered a sport such as archery is ideally suited to the site.

Attachment a: Ham Comm Att_Public Qstn - Posselt ⇩

Agenda (Open Portion)

Council Meeting

Page 14

21/11/2022

Motions of which notice has been given

IN ACCORDANCE WITH REGULATION 16(5) OF THE LOCAL GOVERNMENT (MEETING PROCEDURES) REGULATIONS 2015

11. Graffiti Racism

File Ref: F22/115226

Councillor Sherlock

Motion

“Neither the City of Hobart, nor police, collate instances of prejudice and hate graffiti occurring in our community. The Hobart City Council has a database of graffiti, but we have no way of drawing out those specific instances of prejudice and hate. This motion seeks to create a framework for reporting instances of prejudice and hate to Equal Opportunity Tasmania, through their established online reporting mechanism.”

Rationale:

“This Council has had a focus on the impact of incidents motivated by prejudice and hate for many years. We are members of the Welcoming Cities program and signatories to the Refugee Welcome Zone and the Racism It Stops With Me campaign. In 2020 I launched our own initiative, Hobart Respects All, which encourages witnesses and bystanders to stand up against racism and support people experiencing this type of abuse.

Hobart Respects All came about because our staff heard of experiences of racism that were occurring in our community (Attachment A). The fact that our staff were hearing this is unsurprising. As the level of government closest to the people, our staff are vigilant to the issues and experiences of our communities.

One of the ways our Officers identify that racism, as well as prejudice and hate against other communities, is occurring in our communities, is by looking at graffiti on the walls of our public places, especially the places the City manages. Prejudice and hate graffiti is different to other forms of graffiti. It is designed to intimidate and strike at the very core of people’s identities. It can leave people feeling vulnerable and unable to protect themselves. This can create anxiety, stress and fear, and at its worst can stop people from taking part in social and community life.

Our response to all graffiti is to photograph it and remove. In some instances, we inform Tasmania Police. But neither us, nor police, collate instances of prejudice and hate graffiti occurring in our community. We have a database of graffiti, but we have no way of drawing out those specific instances of prejudice and hate. Being able to do so is important to understand what is occurring in our community, identify trends, allocate resource and develop programs to respond.

Equal Opportunity Tasmania also play an important part in identifying and responding to prejudice and hate. Section 19 of the Anti-Discrimination Act makes it illegal to: by public act, incite hatred towards, serious contempt for, or severe ridicule of, a person or a group of persons on the grounds of; race, disability, sexual orientation, religious belief, gender identity or intersex variations of sex characteristics. Graffiti is illegal under Section 15CA of the Police Offences Act, this applies to all types of graffiti including hate and prejudice graffiti. Graffiti which is prejudice or hate related may meet the requirements for Section 19 of the Anti-Discrimination Act.

Unlike Tasmania Police, Equal Opportunity Tasmania has an online reporting mechanism which Officers could use to inform of prejudice and hate graffiti in our City. There are specific advantages in using this reporting mechanism. It can be done quickly and easily on a phone, tablet or computer. A photo can be attached. Equal Opportunity Tasmania can then use these reports to identify trends and develop programs to respond, and if necessary engage with Tasmania Police. Equal Opportunity Tasmania has been established specifically for this role, whereas Tasmania Police respond to a range of matters, and do not have the resources to have a narrow focus in the same what that Equal Opportunity Tasmania can.

Discussions have been conducted with Equal Opportunity Tasmania and as a reporting mechanism already exists, this motion seeks Council officer time to collaborate with staff from EOT to report instances of prejudice and hate, as Council Officers receive them.”

Administration Response to Notice of Motion

Discussion

1. The Council has endorsed A City for All: Community Inclusion and Equity Framework to guide the City’s response to issues relating to social inclusion and human rights.

2. The Council adopted the Social Inclusion Policy on 12 October 2020 that provides a policy position and set of guiding principles for the Council to support social inclusion across the organisation and reduce the risk of discrimination and exclusion.

3. City of Hobart staff have been actively involved in the Tasmanian Prejudice Related Crime Working Group since its inception in 2021. This working group is represented by leaders and community organisations from a broad range of communities including multicultural, LGBTQIA+, older people, people with disability and the Aboriginal community.

4. Members of the Tasmanian Prejudice Related Crime Working Group advise that they are aware of ongoing instances of prejudice related and hate crimes and the impacts of these on our community members, however formal reporting of the crimes and impacts continues to be challenging.

5. The identification and recording of prejudice related and hate crime graffiti is one response to developing a greater understanding of the level of this behaviour.

6. Officers will investigate the development of a methodology to support reporting by City of Hobart of prejudice and hate related graffiti and vandalism.

7. Council commits to building social inclusion and actively reducing discrimination on the ground of any attribute listed under section 16 of the Anti-Discrimination Act 1998. The Council commits to social inclusion and compliance with relevant anti-discrimination legislation in all aspects of the City’s operations, including strategic planning, service delivery, communications and design and delivery of public spaces.

Strategic, Legislative and Policy Implications
Capital City Strategic Plan
Pillar:
Outcome:
Strategy:	Hobart: A city for all - Community Inclusion and Equity Framework. To truly become a city for all, we must work towards inclusion and equity for all who live, work or play in Hobart. We recognise systemic exclusion, discrimination and inequity in our city and understand that this demands systemic and structural solutions. The following guiding principles are particularly relevant: DIVERSITY AND INCLUSION Diversity in culture, nationality, ethnicity, race, gender, sexuality, ability, age, body, family, recreation, profession, personal strengths, income level, language, education, life experiences and more make up each of us and, together, make up our city. We recognise and embrace the rich complexity diversity brings to our lives - we are all part of creating Hobart’s identity. (Pillar 2.2.3) SOCIAL JUSTICE We recognise and face inequalities, poverty and disadvantage in our communities… We support each other to have our needs met and flourish. We all have opportunities to access and contribute to Hobart life. (Pillars 2.2.7 and 2.2.8)

Attachment a: Example of racist graffiti

Agenda (Open Portion)

Council Meeting

Page 18

21/11/2022

12. E-Scooter - Hire Trial

File Ref: F22/115251; 16/119

Councillor Elliot

Motion

“That Council:

1. Acknowledge that there are limitations to the information that the Council has available to it upon which to make informed decisions about the trial of hire e-scooters, with comprehensive and independent information in relation to pedestrian safety, accidents, injuries, and property damage associated with e-scooters particularly lacking

2. Request that officers develop strategies to fill information gaps to inform Council decisions, particularly in relation to pedestrian safety, e-scooter accidents, injuries, and property damage

3. Request that each hire e-scooter company urgently implement additional strategies to increase the use of helmets and

4. Require the hire e-scooter companies to remove the ability for hire e-scooter trips to commence within Salamanca and Waterfront hospitality precincts between 10 pm and 5 am on Friday and Saturday nights.”

Rationale:

“Council has a responsibility to provide for the health, safety and welfare of the community. This responsibility extends to the launch and operation of the micro-mobility hire e-scooter trial.

E-scooter usage presents a new risk that must be appropriately managed, especially given Hobart does not have suitable infrastructure to improve safety (such as separated cycleways), and that our network of footpaths is often of poor quality and unsuitable for e-scooter riding.

Hobart is fortunate in that we have not yet had an e-scooter fatality, but serious injuries including life-changing injuries and those requiring complex surgery are already occurring.

It is acknowledged that decisions made by the Council about hire e-scooter have the potential to impact the commercial position of the hire e-scooter companies. For example, restricting the commencement of e-scooter trips during certain periods or locations will reduce their revenue.

Across the globe, research is emerging from other jurisdictions – links below – about e-scooter usage, benefits, risks and incidents. In Australia we have already seen a concerning rise in e-scooter fatalities, with three Australians dying from e-scooters in September 2022 alone.

Findings from this emerging research include that:

· people are "more likely to be injured riding an e-scooter than you are on a motorbike, or while cycling, driving or walking" and that "compared to cycling, the risk for injuries is approximately 3.8 times higher"

· "the most common injuries are head and facial trauma and extremity injuries" and that “the most typical injuries consist of head injuries, fractures of the extremities, and superficial wounds" and that “e-scooter riders compared with bicyclists had more head and neck injuries"

· "e-scooter riders, compared with bicyclists, were more often intoxicated" and that "during night time hours, 91.3% injured e-scooter riders were intoxicated at the time of injury"

· "44% of the Emergency Department visits occurred between midnight and 6 am "and that a major spike in accident incidence was seen during weekend (Friday to Sunday) nights"

· "night-time bans and speed-limits on rental e-scooters during weekends appear to be justifiable means to decrease the disadvantages - both in individual and social perspective"

· "injured e-scooter riders were younger than bicyclists, with most e-scooter injuries involved patients aged 20 to 40 years"

· "although driving while intoxicated is forbidden by the law and the rules of shared e-scooter companies, effective surveillance is not possible"

· "in 2020, the Norwegian Institute of Transport Economics reported that e-scooters replace walking in 60% of cases, bicycles in 6%, public transportation in 23%, and cars in only 8%" and that "despite the injury risk associated with cycling, bicycle riding overall is positively associated with public health, while it seems unlikely that e-scooters offer any cardiovascular benefits."

Anecdotal evidence also suggests that the launch of hire e-scooters has increased the burden on our already struggling health system. I have heard first hand from two medical specialists and emergency department and theatre staff that e-scooter injuries are common.

To meet its obligations, the Council needs to take action to address the critical information gaps and ensure that the assessment of the hire e-scooter trial is objective, considers the full picture and is based on comprehensive and reliable information.

It is noted that the Council receives information from Tasmania Police’s Traffic Crash Reporting database, however this information will not capture the true picture of accidents, injuries, and damage.

https://jamanetwork.com/journals/jamanetworkopen/fullarticle/2791039

https://www.medrxiv.org/content/10.1101/2022.06.14.22276168v1.full

https://nap.nationalacademies.org/catalog/26756/e-scooter-safety-issues-and-solutions

https://www.theguardian.com/australia-news/2022/oct/23/e-scooter-safety-australian-states-and-territories-under-pressure-after-spate-of-fatal-crashes

https://www.euronews.com/next/2022/04/21/e-scooters-cause-more-injuries-than-cycling-or-motorbikes-a-first-of-a-kind-study-finds ”

Administration Response to Notice of Motion

Discussion

1.1. Hire-and-ride e-scooters were introduced on a trial basis in Hobart, following regulatory changes passed by the Parliament which allow both private and rental e-scooters to be used on most local roads, footpaths and cycling trails across the State.

1.2. Documents and evidence have been supplied to Council throughout the trial. However it is noted that a Council report evaluating the results and findings from the City of Hobart’s Micromobility Trial is yet to be presented to Council for its consideration.

1.3. The report will include feedback from members the public, survey results, emissions reduction estimates, and incident numbers, as well as usage statistics from ride data provided to the City by the operators.

2. Request that officers develop strategies to fill information gaps to inform Council decisions, particularly in relation to pedestrian safety, e-scooter accidents, injuries, and property damage

2.1. Data, statistics, and information will be available within a forthcoming Council Report, however, in summary:

2.2. Trial conditions have been set to protect pedestrians, based on risks identified before or just after the trial started.

2.3. These changes have generally been in the form of reduced speed zones and timed exclusion zones.

2.4. More recently, physical parking bays have been installed in locations where abandoned scooters were reported to be creating safety concerns.

2.5. These measures are thought to have been effective, since low numbers of incidents have resulted from the use or misuse of e-scooters in Hobart during the trial.

2.6. Property damage has generally been in the form of vandalism of the devices, rather than damage caused by the devices.

2.7. Injury data has been sought throughout the trial from the e-scooter operators, their insurance companies, hospitals, Tasmania Police, and the Tasmanian Department of Health.

2.8. No significant spate of injuries has been reported from any source.

2.9. Some riders have doubtless suffered minor injuries and not felt it necessary to present at a hospital, as is the case with all modes of transport. The number of such incidents is unknowable.

2.10. There is no evidence to suggest that e-scooter accidents occur more frequently than bicycle accidents in Hobart.

3. Request that each hire e-scooter company urgently implement additional strategies to increase the use of helmets

3.1. E-scooter companies have a number of rider safety training, pop-ups, social media video promotions and incentives that actively promote helmet wearing, such as money off your next ride if a rider submits a ‘helmet selfie’ at the beginning of each trip.

3.2. Tasmania Police, the Department of State Growth and the City of Hobart have and will continue to promote safety education and rider behaviour such as wearing helmets through social media campaigns, coordinated helmet blitz’s and other avenues with the e-scooter companies.

3.3. Safety is paramount to the success of hire-and-ride e-scooter business and both Beam and Neuron make considerable investment in new safety technology and rider behaviour compliance, as reported to Council on a regular basis.

3.4. One operator has recently begun installing stickers on the e-scooters to remind riders to obey the rules and wear a helmet:

4.1. A restriction which does not allow trips to commence or finish within the precinct between 10 pm and 3 am was implemented in June 2022, following an Interagency Meeting held in late May 2022 between City of Hobart, Tasmania Police, the Department of State Growth and the e-scooter operators.

5. Other information presented in the notice of motion

5.1. While the internet links and bullet point quotes presented in the notice of motion may have some relevance, data collected locally is considered by officers to be more meaningful in Hobart, which has a different culture, climate, ride pricing, and set of legislative restrictions to other jurisdictions.

5.2. While a Norwegian study found only 8% of scooter rides replaced a car journey, data collected in Hobart suggests much higher levels of car journey replacement. The Norwegian winter and e-scooter costs may have some bearing on statistics in that country, however in the absence of more information it is only possible to speculate.

5.3. It is noted that the notice of motion also linked to a report data from the USA and Canada (National Academies of Sciences, Engineering, and Medicine. "E-Scooter Safety: Issues and Solutions." (2022)). Across the seven cities studied, the car-replacement statistics aligned more closely than Norway with estimates from surveys in Hobart. Survey results in Hobart suggested that up to 48% of scooter rides replaced a car journey. The data from the North American study is reproduced below:

Strategic, Legislative and Policy Implications
Capital City Strategic Plan
Pillar:
Outcome:	An accessible and connected city environment helps maintain Hobart’s pace of life
Strategy:
Legislation and Policy
Legislation:	Amendments made by Parliament in 2021 to the Traffic Act 1925 have enabled the use of PMDs in Tasmania.
Policy:

Agenda (Open Portion)

Council Meeting

Page 31

21/11/2022

REPORT TITLE: Governing Hobart

REPORT PROVIDED BY: Chief Executive Officer

1. Report Summary

1.1. The role of a capital city comes with unique challenges and opportunities. Hobart is transitioning to a vibrant, globally relevant and contemporary capital city. Through a city shaping lens, the City is embracing opportunities for growth, aligned to the community vision and building state, national and international connections and capabilities to leverage all that Hobart has to offer. How we respond to this over the coming years will set the foundations for the city we all love for many generations to come.

1.2. The City’s Executive Leadership Team (ELT) is committed to supporting the new Council to deliver the best outcomes for our community and Tasmania more broadly. As a capital city we are the engine room of the state of Tasmania and therefore have an important role to play in evidence based planning and research underpinned by comprehensive community engagement to influence state and national policy to ensure the needs of our businesses and community are met now and into the future.

1.3. At the end of each Council term it’s best practice to undertake a comprehensive review of the model that supports the good governance of the Council.

1.4. As such, a new operational model to best support Council decision making moving forward has been prepared for Council consideration.

1.5. This model has been developed following an analysis of best practice across Australia, with specific focus on the role of Hobart as a capital city.

1.6. The purpose of this report is to outline the proposed governance model for the purpose of Council endorsement and to seek nominations for Portfolio Chair and to formally appoint Elected Members to these roles.

2. Key Issues

2.1. The Council is the decision-making body that sets the strategic direction and policy of the municipal area.

2.2. The Local Government Act 1993, states that in addition to any functions of a council in this or any other Act, the Council has the following functions:

· To provide for the health, safety and welfare of the community;

· To represent and promote the interests of the community;

· To provide for the peace, order and good government of the municipal area.

2.3. The Local Government Act 1993 sets out the role and function of the Lord Mayor, Deputy Lord Mayor and Elected Members.

2.4. The future of Local Government Review currently being undertaken may result in changes to the scope of functions and roles under the Act; clearly defined roles and responsibilities are a key aspect of good governance.

Council Decision Making

2.5. It’s critical that Council decision making is informed by the Capital City Strategic Plan, Council Officer advice, a sound evidence base, community consultation and engagement and underpinning legislative frameworks.

2.6. The Lord Mayor and Elected Members provide leadership to the community and reflect the community’s collective aspirations. Central to this is the way that Elected Members are engaged in ‘decision forming’ and how the organisation facilitates this leading into decision making by Council in the Chamber.

Review of Governance Models

2.7. As outlined earlier in this report, a comprehensive review of local government governance models to understand best practice across Australia was undertaken.

2.8. The review has helped to inform a new City of Hobart Governance Model designed to meet minimum requirements that are expected to be incorporated into the new Local Government Act following the Future of Local Government Review.

2.9. Each newly elected Council can make decisions about the structure and frequency of its meetings, including committees and any specific portfolio areas for individual Elected Members it wishes to adopt.

2.10. As part of the Elected Member Induction Program undertaken at the very beginning of the new term of Council, the CEO provided a presentation to Elected Members on future governance arrangements (Attachment A).

2.11. As part of this the CEO has engaged with the incoming Lord Mayor, Deputy Lord Mayor and Elected Members to discuss the recommendations for improving arrangements into the future as follows:

Elected Member Portfolio Chairs

2.12. It is proposed that Council introduce an Elected Member Portfolio system as part of its governance structure. This system provides for nominated Elected Members to be assigned specific areas of focus for policy and strategy development aligned with the Council’s strategic directions as set out in the Hobart Community Vision and Capital City Strategic Plan.

2.13. Establishment of the policy and strategic direction of the City requires Elected Members and management to work together to deliver best possible outcomes for the community.

2.14. To facilitate this process, the Council will allocate to Elected Members areas of portfolio responsibility. As Portfolio Chairs, Elected Members will fulfil leadership roles in decision-making, community engagement and city representation in the areas outlined below:

· City Economy

· Creative City

· Future Hobart

· Sustainability in Infrastructure

· Housing & Homelessness

· City Heritage

· City Mobility

· City Water

· Welcoming & Inclusive City

· Healthy Hobart

· Planning Committee

· Climate Futures

2.15. It is important to note that as the Lord Mayor is the spokesperson for Council, as outlined in the Local Government Act 1993, the Lord Mayor will lead the Climate Futures Portfolio and continue to represent the Council on all city-wide matters including, for example, the Greater Hobart Committee and Emergency Management responsibilities. The Lord Mayor will comment on all matters associated with the City of Hobart such as Council meeting decisions, reactive daily commentary as required, major events or projects, key community infrastructure, Portfolio areas covered by the Lord Mayor, and major announcements regarding the Annual Plan, Budget and Capital City Strategic Plan.

2.16. Council’s Executive Leadership Team will establish operational processes to support the role of Portfolio Chair in the decision-forming and city representation functions of Council.

2.17. A key component of arrangements will involve the establishment of Portfolio Groups to foster information exchange and advice on emerging decisions, issues and opportunities relating to the portfolio.

2.18. The functioning of Portfolio Groups shall be guided by the following principles:

· Each Portfolio will have a designated Portfolio Sponsor who is a member of Council’s ELT and nominated by the Chief Executive Officer.

· Regular meetings will be scheduled and the frequency shall be flexible and guided by portfolio activity and operational requirements.

· Some Portfolio Groups may hold regular concurrent meetings in the interests of efficiency.

· Portfolio Groups shall comprise the Portfolio Chair, Portfolio Sponsor/s and relevant members of the ELT and other Council officers as required to assist with areas covered by a portfolio.

· A Portfolio Sponsor will provide advice and guidance and conduct meetings to deliver integrated and relevant advice by ensuring all areas of the organisation relevant to the portfolio are actively engaged in briefing a Portfolio Chair and outcomes are clearly captured and communicated.

· ELT offers a Portfolio Chair an administrative sounding board on matters raised by community and stakeholder groups on issues relating to the portfolio. This will be offered through Portfolio Group meetings or directly with the relevant member of the ELT depending on timing.

· Portfolio Chairs offer an important avenue to achieving a broader understanding and consensus by all Elected Members on matters (relating to the relevant portfolio) scheduled to be presented to Council.

· The stage of engagement of Portfolio Chairs in matters to be presented to Council will be guided by ELT deliberations on specific matters or at the discretion of the respective Portfolio Sponsor.

· Opportunities for feedback from Elected Members are appropriate on matters such as development of a policy, strategy, plan or submission. When matters of a statutory or operational nature arise, verbal briefings for the purpose of information sharing may be appropriate.

· To support the principle of information provided to one being generally available on the HUB to all Elected Members, action notes of Portfolio Group meetings will be circulated to all Elected Members. Elected Members may seek additional information through the Portfolio Chair or management in an area of interest. Action notes will also be made available to Council’s HLT (Hobart Leadership Team) to foster greater cross-organisational cooperation and awareness.

Portfolio Committees

2.19. It is proposed that Council also establish Portfolio Committees made up of community members and individuals with a wealth of knowledge and experience in the area for each portfolio.

2.20. These committees will provide support and advice on a range of strategies and policies that contribute to making Hobart a great place to live, work and play.

2.21. The committees will support the delivery of Council’s strategic objectives as described in the Capital City Strategic Plan. Each Portfolio Committee will be chaired by the Elected Member Portfolio Chair.

2.22. The role of the Committees is to:

· Provide local area “lived experience” knowledge to support Council decision making regarding the portfolio area to support the implementation of the Hobart Community Vision and Capital City Strategic Plan.

· Provide subject matter expertise to the Portfolio Committee to further the understanding of the portfolio group.

· Advise Council on how to best engage local communities regarding the portfolio area.

· Advise Council on key local projects regarding the portfolio area identified as important by the local community and organisations through the development of the Capital City Strategic Plan.

· Facilitate communication between Council, local communities and organisations in relation to the Hobart Community Vision and Capital City Strategic Plan.

2.23. A subsequent report will be prepared for Council consideration at its meeting in February 2023, outlining the draft Terms of Reference for each Portfolio Committee, and associated annual Work Programs for each of the Portfolio areas.

Workshops

2.24. The Chief Executive Officer and relevant members of ELT will provide regular Elected Member Workshops to impart information and allow for discussion.

2.25. Matters for consideration will usually include updates on the more significant matters due to come before a meeting of Council, briefings on significant matters by external parties, and briefings on the progress of significant Council projects, finances, strategies and plans.

2.26. The Chief Executive Officer will set the agenda for the Elected Member Workshops, but will consider suggestions from the Lord Mayor, Deputy Lord Mayor and Elected Members.

2.27. Regular Elected Member Workshops will be held fortnightly and timed as consistently as possible, in expectation that Elected Members will endeavour to attend all such meetings unless there is a reasonable reason why they cannot do so, noting, however, that attendance is not a statutory requirement but attendance will be recorded and published on the Council website.

Delegated Planning Committee

2.28. It is proposed to create a fully delegated Planning Committee which will fulfil the Council’s obligation as a planning authority under the Land Use Planning and Approvals Act 1993.

2.29. The Planning Committee shall have full power to make planning decisions on behalf of the Council.

2.30. The Council delegates all of its planning authority powers under the Land Use Planning Approvals Act 1993 to the Committee noting that the Council may also delegate some or all of these powers to relevant officers from time to time.

2.31. Membership of the Committee shall consist of all twelve (12) Elected Members with meetings to be conducted twice monthly. A quorum is five (5) Committee members.

2.32. A copy of the Committee’s Terms of Reference are included in this report (attachment B).

2.33. Pursuant to section 6(3) of the Land Use Planning and Approvals Act 1993, a number of planning application determination functions and powers are required to be delegated to the Chief Executive Officer, the Director City Life, the Manager Development Appraisal and the Senior Statutory Planner.

2.34. A copy of this delegation is attached for the Council’s approval (attachment C).

Governance Calendar

2.35. A Governance Calendar has been developed which programs in monthly Council Meetings, fortnightly Planning Committee meetings, fortnightly Workshops and quarterly Portfolio Committee meetings (attachment D).

Governance Framework

2.36. The Council endorsed a Governance Framework in June 2022 (attachment E) which articulated how the Council wishes to work together into the future to provide a contemporary external governance model to ensure the City is leading from the front and engaging with key stakeholders in an impactful way that delivers on Hobart’s aspirations.

2.37. The Framework draws together a range of the Council’s practices, policies and procedures into a centralised framework and is important for the successful operation of the council so as to enhance trust and confidence in the decisions made together.

2.38. The document was drafted to reflect current practices, however, was written with a desired future state in mind.

2.39. Given the changes articulated above, it is proposed that the Chief Executive Officer be delegated to make any necessary changes to the Framework to reflect the Council’s resolved position.

Meetings: Procedures and Guidelines

2.40. To reflect the proposed changes to Council meetings, an updated Meetings: Procedures and Guidelines Policy is attached (attachment F) for Council endorsement.

2.41. This Policy provides the framework for the effective conduct of the business of the Council and the governance of Council and Committee meetings.

Recommendation

That:

1. The Council endorse the new City of Hobart Governance Model proposed in this report, including:

i. Pursuant to section 24 of the Local Government Act 1993, the Council establishes the following Special Committees, to be known as Portfolio Committees:

· City Economy

· Creative City

· Future Hobart

· Sustainability in Infrastructure

· Housing and Homelessness

· City Heritage

· City Mobility

· City Water

· Welcoming & Inclusive City

· Healthy Hobart

ii. Pursuant to section 23 of the Local Government Act 1993, the Council establishes the Planning Committee.

iii. As a result of the establishment of the Portfolio Committees, the following Council Committees be abolished:

· City Planning Committee

· Community, Culture and Events Committee

· Finance and Governance Committee

· City Infrastructure Committee

· Economic Development and Communications Committee

· Parks and Recreation Committee

2. Elected Member nominations be sought to fill the following Portfolio Chair positions:

· City Economy

· Creative City

· Future Hobart

· Sustainability in Infrastructure

· Housing & Homelessness

· City Heritage

· City Mobility

· City Water

· Welcoming & Inclusive City

· Healthy Hobart

· Planning Committee

3. The Council endorse the Planning Committee Terms of Reference as at attachment B.

4. The Council makes the delegations to officers contained in attachment C, noting that these do not affect any other delegations to these officers already made by the Council except those delegations which relate to determining planning applications.

5. The Council endorse the Governance Calendar as at attachment D.

6. The Council resolve that the start time for Council Meetings, Planning Committee Meetings and Workshops is 5.00pm.

7. The Chief Executive Officer be delegated the authority to update the Council’s Governance Framework accordingly to reflect the Council resolution.

8. The Council endorse the updated Meetings: Procedures and Guidelines Policy as at attachment F.

9. The new City of Hobart Governance Model be reviewed by the end of 2023.

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

Kelly Grigsby

Chief Executive Officer

Date: 16 November 2022

File Reference: F22/115973

Attachment a: Elected Member Induction Program Presentation - New Governance Model ⇩

Attachment b: Planning Committee Terms of Reference ⇩

Attachment c: Planning Applications Determination Delegations ⇩

Attachment d: Governance Calendar ⇩

Attachment e: Governance Framework ⇩

Attachment f: Meeting Procedures Policy ⇩

Agenda (Open Portion)

Council Meeting

Page 90

21/11/2022

Memorandum: Council

Local Government Association of Tasmania -
Motions for December General Meeting

The Local Government Association of Tasmania (“LGAT”) has provided notice of three motions that will be tabled in its December General Meeting. The Council will need to resolve its position in respect of each of these motions to allow delegates to vote accordingly.

LGAT has also provided advanced notice of an item relating to the Workplace Health and Safety Review of Elected Representatives that requires a position.

1. Motion on Housing Affordability – Kingborough Council

The Kingborough Council has submitted a motion seeking:

“ That LGAT lobby the State Government to:

Encourage the development of affordable housing, as a matter of urgency through:

a)..... Measures that promote the efficient supply of well located, diverse housing;

b)..... Promote the development of affordable housing with specific incentives for affordable housing enabled through planning schemes and policies; and

c)..... Require the development of affordable housing with the use of mandatory provisions in appropriate locations (ie, a threshold that would require certain sized developments to provide a minimum percentage of affordable housing). ”

The full details of this motion are included as Attachment A to this report.

Each of the actions proposed in the motion are supported by the Affordable Housing & Homelessness Commitment that was endorsed by the Council in its meeting of 6 December 2021 (Attachment B).

To that end, it is recommended that the Council resolve for its delegates to vote in favour of this motion at the December General Meeting.

2. Motion on Council Meeting Times – Burnie City Council

The Burnie City Council has submitted a motion seeking:

“ THAT LGAT:

Adopt a policy position that ensures that council meeting and workshop times occur at times that are conducive to and facilitate increased participation across a broader cross-section of community candidates, particularly bearing in mind time constraints and commitments that would apply to those working full time, young people and those with caring responsibilities. ”

The full details of this motion are included as Attachment C to this report.

Under the terms of the Local Government (Meeting Procedures) Regulations 2015 a Council is to review the times for the commencement of their meetings after each ordinary election and it may, by absolute majority, resolve to have a meeting commence prior to 5.00 p.m.

It is noted the motion is only proposing that LGAT adopt a policy position that a Council should generally seek to promote participation within the community when setting meeting times. It is proposed this would be a reasonable factor for a Council to consider when setting its meeting times, the policy would not be binding on a Council, and it is within the Council’s power to set and amend meeting times.

Therefore it is recommended the Council resolve for its delegates to vote in favour of this motion at the December General Meeting.

3. Motion on Council 337 Certificates – West Tamar Council

The West Tamar Council has submitted a motion seeking:

“ THAT LGAT:

Seek revisions to the Property Agents and Land Transactions Act 2016 to consider:

a) Requiring a 337 Certificate prior to listing of a property and making it available as part of the sale process; and

b) Requiring full disclosure for properties as part of the listing process.”

The full details of this motion are included as Attachment D to this report.

Conveyancing of real property within Tasmania operates on a “buyer beware model” with limited protections available for consumers. It is common within the conveyancing process for a contract to have been signed prior to the purchaser applying to the Council to obtain a section 337 certificate – which is a document that will identify any matters relating to planning, building and plumbing in respect of the property.

Council Officers have reported that their experience with the process means they are subject to strict time pressures to prepare the section 337 certificate and to resolve any outstanding enforcement or permit issues if a defect is discovered. Often the purchaser will be the first party to discover a defect (rather than the vendor) and they may not have obtained sufficient protection under their contract to purchase property and the Council may wear the blame should they be contractually obliged to purchase the defective property.

The actions proposed by the motion would benefit the local government sector by removing time pressures and heightened levels of risk associated with having to prepare section 337 certificates and managing any resulting enforcement/permit actions whilst a contract for sale is in place.

It is noted that any reform in this area would have an impact on the real-estate and legal professions within Tasmania, along with potentially placing an additional financial and administrative cost on vendors. However, any amendments to the Property Agents and Land Transactions Act 2016 would be a matter for the Tasmanian Government and it would therefore be its prerogative to determine the extent to which it undertakes consultation with those sectors.

Therefore it is recommended the Council resolve for its delegates to vote in favour of this motion at the December General Meeting.

3. Workplace Health and Safety Review of Elected Representatives

A review was undertaken by Edge Legal following a resolution of LGAT members in August 2021 that called on the State Government to commission a review of the workplace health and safety of the Local Government sector for elected representatives.

The material from LGAT is included as Attachment E to this report, and member endorsement of the recommendations is sought to allow LGAT to prepare an implementation plan for the work in 2023.

There are 42 recommendations in total grouped into the following four categories:

1. Legislation

2. Code of Conduct

3. Third Party Framework

4. Training

It is considered that the recommendations are sound in light of the review, with detail around the implementation required to be determined as part of LGAT’s work in 2023. It is recommended that Council resolve for its delegates to vote in favour of this motion at the December General Meeting.

REcommendation

That:

1. The Council resolve to instruct its delegates to vote:

(i) in favour of the motion on Housing Affordability tabled by the Kingborough Council contained in Attachment A;

(ii) in favour of the motion on Council Meeting Times tabled by the Burnie City Council contained in Attachment C;

(iii) in favour of the motion on Council 337 Certificates tabled by the West Tamar Council contained in Attachment D

(iv) in favour of endorsing the recommendations contained in the Work Health and Safety Review – Elected Representatives contained in Attachment E.

Kelly Grigsby

Chief Executive Officer

Date: 16 November 2022

File Reference: F22/110630

Attachment a: Kingborough Council Motion ⇩

Attachment b: Affordable Housing & Homelessness Committment ⇩

Attachment c: Burnie City Council Motion ⇩

Attachment d: West Tamar Council Motion ⇩

Attachment e: Elected Rep WHS Review ⇩

Agenda (Open Portion)

Council Meeting

Page 149

21/11/2022

REPORT TITLE: Southern Tasmanian Regional Waste Authority - Forum Representative

REPORT PROVIDED BY: Cleansing & Solid Waste Policy Coordinator

Director City Life

1. Report Purpose and Community Benefit

1.1. The purpose of this report is to enable the Hobart City Council to elect a representative for the Southern Tasmanian Regional Waste Authority Local Government Forum.

1.2. The report also recommends that the Chief Executive Officer (CEO) be authorised to appoint a deputy representative to the Forum.

2. Report Summary

2.1. The Council resolved on 5 July 2021 to establish the Southern Tasmanian Regional Waste Authority (STRWA).

2.2. A required function to establish the STRWA is the Local Government Forum. The Forum is required to comprise of a representative from each participating Council, and a deputy representative.

2.3. The roles of the Forum are to:

2.3.1. Elect a Chief Member Representative and Deputy Chief Member Representative from within Forum members

2.3.2. Appoint Directors (to the STRWA Board), and:

2.3.3. Receive information from, and provide feedback to, the Board and STRWA CEO on performance of the STRWA against its objectives, functions and Strategic Plan

2.4. The Chief Member Representative and Deputy Chief Member Representative elected by the Forum members will be appointed as Directors on the STRWA Board.

2.5. The Forum is expected to meet approximately 3 times per year.

2.6. A request for nominations for the forum has been received from the Local Government Association of Tasmania (LGAT), and must be provided by 30 November 2022.

2.7. The first meeting of the Forum is 8 December 2022, 9.00am to 10.00am, at the Hobart Town Hall.

3. Recommendation

That:

1. The Council elect a representative to participate in the Southern Tasmanian Regional Waste Authority (STRWA) Local Government Forum, and;

2. The Chief Executive Officer be authorised to appoint a deputy representative to the STRWA Local Government Forum.

3.1. Council resolved on 15 February 2022, inter alia to ‘note its decision of 5 July 2021 to establish a Joint Authority, in accordance with Section 30 of the Local Government Act 1993, to be known as the Southern Tasmanian Regional Waste Authority, with other Southern Tasmanian councils to progress waste related issues’, and that ‘the Chief Executive Officer be authorised to undertake all necessary actions to enable the establishment of the new Joint Authority to be progressed in accordance with Sections 30, 31, 32 and 33 of the Local Government Act 1993’.

3.2. The purpose of the Southern Tasmanian Regional Waste Authority will be to:

3.2.1. Provide a direct link to the State Government for discussion and collaboration and funding opportunities in the waste sector.

3.2.2. Coordinate responses to proposed actions arising from the State’s Draft Waste Action Plan (including proposed legislation), providing one source of negotiation on behalf of the 12 Councils.

3.2.3. Provide a formal structure and administrative body to assist and/or take the place of regional projects and tenders across the region, whereby previously this has been left to a single Council to initiate, coordinate, request involvement of others, and administer (various examples of this being the recycling contract, FOGO processing, compostable bags, recycling units, education programs and collateral, state-wide communications programs).

3.2.4. Improve the ability to secure/access funding, particularly through the waste levy and grant programs.

3.3. The Councils under the adopted rules of the STRWA are to appoint one (1) representative to attend the STRWA Local Government Forum (Forum) and the Annual General Meeting. The representative is the only person authorised to vote on behalf of a Member Council.

3.4. The purpose of the Forum is to

3.4.1. Elect a Chief Member Representative and Deputy Chief Member Representative from within Forum members

3.4.2. Appoint Directors, and:

3.4.3. Receive information from, and provide feedback to, the Board and STRWA CEO on performance of the STRWA against its objectives, functions and Strategic Plan

3.5. The forum may, following consultation with the STRWA, develop working groups where these will help to deliver on the objectives of the STRWA or to deliver particular projects or programs.

3.6. The representative and one observer may attend meetings of the Forum. It is expected that the Forum will meet 3 times per year.

3.7. The Chief Member Representative and Deputy Chief Member Representative elected by the Forum (as per item 4.4.1) will be appointed as Directors on the STRWA Board.

3.8. The City has been requested to provide a representative, and a deputy representative to the Forum. Representatives can be either Elected Members or an officer of a participating Council.

4. Proposal and Implementation

4.1. The City of Hobart has been requested to provide a representative and deputy representative to the Forum by 30 November 2022.

4.2. It is proposed that the representative be an Elected Member, selected by the Council.

4.3. It is proposed that the deputy representative be appointed by the Chief Executive Officer and be a Council officer.

4.4. The first meeting of the Forum is scheduled for 8 December 2022, 9.00am to 10.00am, at the Hobart Town Hall.

5. Strategic Planning and Policy Considerations

5.1. The implementation of the Waste Management Strategy 2015-2030 is identified in the City’s Strategic Plan (3.2.5).

5.2. The actions contained within this report focus upon the key focus area of Advocating for change, (Section 1) of the Waste Management Strategy 2015-2030, in particular

Action 1.6 – Support the establishment of, and be represented on an adequately resourced Regional Waste Authority.

6. Financial Implications

6.1. Funding Source and Impact on Current Year Operating Result

6.1.1. Nil

6.2. Impact on Future Years’ Financial Result

6.2.1. Nil

6.3. Asset Related Implications

6.3.1. Nil

7. Legal, Risk and Legislative Considerations

7.1. The Southern Tasmanian Regional Waste Authority was established pursuant to section 30 of the Local Government Act 1993. The Authority will be governed by a series of rules, which have been resolved by all participating Councils.

7.2. The rules detail the establishment of the STRWA Local Government Forum, with associated roles to undertake to ensure the establishment of the STRWA board and other functions.

8. Delegation

8.1. This matter is delegated to the Council.

Jeff Holmes

Cleansing & Solid Waste Policy Coordinator

Neil Noye

Director City Life

Date: 15 November 2022

File Reference: F22/112109; 2016-0192

Agenda (Open Portion)

Council Meeting

Page 152

21/11/2022

Memorandum: Council

Wellington Park Management Trust - Appointment of Elected Member Representatives

Following the recent Local Government Elections elected member nominations are sought in relation to vacant positions on the Wellington Park Management Trust. The Council occupies two member positions and two deputy member positions.

One deputy member position is currently occupied by the Deputy Lord Mayor Councillor Burnet and the term of that appointment is until 31 December 2024.

Therefore vacancies now exist for the positions of two members and one deputy member.

It is proposed that in accordance with the membership provisions of the Trust that elected member nominations be sought for one member and one deputy member position. The other member and deputy member position is proposed to be filled at officer level to provide the operational side of the organisation with a more direct engagement with the Trust.

The tenure for these positions may be up to a period of three years, and each incumbent must retain their position as an elected member of the City of Hobart to maintain their position on the Trust.

Trust members are paid a sitting fee of $100 per meeting, with the Trust meeting at least five (5) times per year. Members are appointed by the Minister, therefore once nominations are determined by the Council, these nominations will be provided to the Trust for appointment by the Minister.

The functions, powers and membership of the Trust are set out in the Wellington Park Act 1993, as extracted in Attachment A for the information of elected members.

This matter is delegated to the Council for determination.

REcommendation

That:

1. Elected member nominations be sought for one member and one deputy member on the Wellington Park Management Trust for a period of up to three years;

2. The Chief Executive Officer be delegated with the authority to submit officer nominations for one member and deputy member on the Wellington Park Management Trust for a period of up to three years.

Kelly Grigsby

Chief Executive Officer

Date: 15 November 2022

File Reference: F22/109063; 13-1-2

Attachment a: Wellington Park Act 1993 - Functions and Membership ⇩